the draft constitution of the commonwealth of grenada

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43. The Prime Minister shall keep the President fully informed about the general conduct of government and furnish him or her with such particular information as he or she may request. Powers of Office of President in the event of a coup d’état The prerogative of mercy 44.(1) If, at any time, the duly elected constitutional government of the Commonwealth is displaced by unconstitutional means, is incapacitated or otherwise unable to perform its functions, and the life of the Nation is put in clear and present danger, the President may declare a state of emergency, and assume all legislative and executive authority, or do whatever the President considers necessary to preserve and protect the Nation, pending the reconstitution of a duly elected government. (2) The President shall, as circumstances permit, publish in the Commonwealth Gazette any such Proclamation of Emergency. 45.(1) The President, as Head of State, in the exercise of the Prerogative of Mercy, may (a) grant a pardon, either free or subject to lawful conditions to a person convicted of an offence; (b) grant to a person a respite, either indefinite or for a specific period, from the execution of a punishment imposed on that person for an offence; (c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or (d) remit the whole or a part of a punishment imposed on a person for any offence, or a penalty or forfeiture otherwise due to the State on account of an offence. (2) The powers of the President under subsection (1) shall be exercised in accordance with the advice of an Advisory Committee as may for that purpose be designated by the President, acting in consultation with the Prime Minister and the Leader of the Opposition. (3) When any person has been sentenced to death for an offence, the Chairman of the Advisory Committee for the time being designated by the President shall cause a written report of the case from the trial judge (or, if a report cannot be obtained from that judge, a report of the case from the Chief Justice), together with such other information derived from the record of the case or elsewhere as he or she may require, to be taken into consideration at a meeting of the Advisory Committee on the Prerogative of Mercy; and, after obtaining the advice of the Committee, the President shall decide in his or her deliberate judgment whether to accept the advice of the Committee and exercise the powers of office under this Section of this Constitution. The Advisory Committee on the Prerogative of Mercy shall consist of: 40
(a) a retired jurist who shall be chairman; (b) the Chief Medical Officer of the Commonwealth of Grenada; and (c) three other members appointed by the President by instrument in writing under his or her hand. (4) A member of the Committee appointed under this Section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed. Immunities of President 46.(1) Subject to Section 38, the President is not answerable to any court for the performance of the functions of the Office of President, or for any act done in the performance of those functions. (2) While a person holds the Office of President, or is acting as President, (a) (b) criminal proceedings shall not be instituted or continued against him or her in respect of anything he or she has done, or has failed to do, in his or her official or private capacity; and civil proceedings, seeking relief, shall not be instituted or continued against him or her in respect of anything he or she has done, or has failed to do, in his or her official or private capacity. (3) Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held office or acted as President shall not be taken into account in calculating the time limited by that law within which any such proceedings may be brought against him or her. 41
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Page 3 and 4: (d) (e) (f) (g) (h) (i) freedom in
Page 5 and 6: (b) a culpable omission by him or h
Page 7 and 8: (8) A person who is tried for a cri
Page 9 and 10: (c) (d) (e) (f) (g) (h) (i) (j) for
Page 11 and 12: the purpose of giving effect to the
Page 13 and 14: (c) (iv) regulating the administrat
Page 15 and 16: (h) (iii) (iv) (v) to be detained i
Page 17 and 18: (d) for the transfer between Grenad
Page 19 and 20: (3) Within three days of the making
Page 21 and 22: attorney-at-law shall be permitted
Page 23 and 24: (2) References in sections 13, 14,
Page 25 and 26: CHAPTER III HEAD OF STATE - THE PRE
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Page 29: and, as soon as is practicable, the
Page 33 and 34: (a) (b) if the President, acting in
Page 35 and 36: other persons acting under and in a
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Page 39 and 40: (b) the seat of a member of the Nat
Page 41 and 42: (f) for determining the standards o
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Page 45 and 46: CHAPTER VI THE ELECTORAL AND BOUNDA
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Page 49 and 50: CHAPTER VII THE JUDICIARY PART I Th
Page 51 and 52: 84. (i) The President of the Court
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Page 57 and 58: Court of Justice, an appeal shall l
Page 59 and 60: Supreme Court Order but less any su
Page 61 and 62: court, not being a person who is pr
Page 63 and 64: (b) years a magistrate or judge of
Page 65 and 66: Oath of Allegiance and the Oath of
Page 67 and 68: National Assembly in respect of a f
Page 69 and 70: (f) (g) a member of the Public Serv
Page 71 and 72: criminal matters in some part of th
Page 73 and 74: PART II Cabinet Secretary, permanen
Page 75 and 76: (5) In this section “pension bene
Page 77 and 78: CHAPTER X DIRECTOR OF AUDIT Directo
Page 79 and 80: CHAPTER XI THE DIRECTOR OF PUBLIC P
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acting under and in accordance with
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180. A person who, on or after the
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CHAPTER XIII PART 1 THE PROTECTIVE
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(b) (c) area over which the State h
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Prisons to assist the Commissioner
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187.(1) There shall be a Fire Servi
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(13) Nothing in this Section shall
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CHAPTER XV ALTERATION OF THE CONSTI
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the Bill in that House, and shall m
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CHAPTER XVI TREATIES AND EXECUTIVE
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the draft constitution of the commonwealth of grenada

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